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HomeMy WebLinkAbout20021919 Ver 1_Complete File_20021219O?O?WAT?9pG r > iy March 25, 2003 Jackson County DWQ Project No. 021919 SR 1100 (Bull Pen Road) APPROVAL of 401 Water Quality Certification with Additional Conditions: Modification Mr. M.T. Gibbs, P.E., District Engineer NCDOT Division 14 P.O. Drawer 250 Bryson City, NC 28713 Dear Mr. Gibbs: You have our approval, in accordance with the attached conditions and those listed below, to impact 35 linear feet of East Fork Chattooga River, 42 linear feet of four of its unnamed tributaries and 30 linear feet of three unnamed tributaries to Nicholson Licklog Creek. NCDWQ understands that these impacts are necessary in order to improve SR 1100 (Bull Pen Road) in Jackson County. The project should be constructed in accordance with your application dated January 21, 2003 (received January 31, 2003) and amended on February 26, 2003 (received March 3, 2003). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3375 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This Certification replaces the previous Certification issued on February 20, 2003. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us, in writing, and send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre or stream impacts exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. NCDOT shall abide by any conditions or moratoriums as determined by the NC Wildlife Resources Commission. 2. NCDOT shall implement Best Management Practices for the Protection of Surface Waters (NCDOT March 1997). 3. Storm water shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff, and must not be routed directly into streams. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm water sheet flow. 4. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 5. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncwetlands/ 6. The pipes required for this project shall be installed in such a manner that the original stream profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be designed and installed to allow for fish and other wildlife movement as well as prevent headcutting of the streams. If any of the existing pipes are perched, they shall be removed and replaced, and re-installed correctly. 7. NCDOT must submit a plan for written DWQ approval to address any headcutting that will occur as a result of this project (e.g., use of structures upstream and downstream of the culverts). 8. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If rip-rap is necessary, it must be limited to the stream bank above the high water mark. Rip rap shall not be placed in the stream bottom. 9. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 10. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. NCDOT is strongly advised to send in photographs upstream and downstream of each culvert to document correct installation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Sincerely, This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ms. Beth Barnes at 919.715.8394 or Mr. Mike Parker of the Asheville Regional Office at 828.251.6208. Attachment limek,. . Pc: Wilmington District Corps of Engineers John Hendrix, USACE Asheville Field Office NCDWQ Asheville Regional Office Central Files File Copy a.?swta I I -??t/ i O`. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY February 26, 2003 ^ Mr. John Hendrix, NCDOT Regulatory Project Manager 401 ISSUED U.S. Army Corps of Engineers FILE COPY 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Nationwide 14 Permit Application SR 1100 - Bull Pen Rd. (Revision #2) Jackson County Dear Mr. Hendrix: WETLANDS/401 GROUP MAR 0 3 2003 WATER QUALITY SECTION The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and pave SR 1100, Bull Pen Rd., in Jackson County. This proposal entails widening and paving the existing gravel road to a standard 18-foot roadway. The proposed improvements of SR 1100 have been identified as necessary maintenance and safety improvements. Funds have been allocated for this project, and NCDOT would like to perform these activities sometime during the 2003-paving season. I am sending a straight-line diagram with the proposed erosion control and construction limits along this project. In addition, I am sending a typical section of the road, cross sections, drawings for pipe culvert replacements/extensions as well as a marked county map and USGS quad map. We propose to install the new culverts slightly below the existing streambed elevations where bedrock is not encountered to minimize impacts to aquatic habitats and allow the existing stream gradients to remain as unchanged as physically possible. No threatened or endangered species are known to be present in or near the project area; therefore, no significant impacts are anticipated from project construction. The best management practices will be used to minimize and control sedimentation and erosion on this project. The construction foreman will review all erosion control measures daily to ensure sedimentation and erosion is being effectively controlled. If the planned devices are not functioning as intended, they will be immediately replaced with better devices. The rock silt screens and other erosion control devices will be in place prior to pipe culvert construction and will remain in place until the project is stabilized. If you have any questions or need additional information, please contact me at (828) 488-2131. Your early review and consideration will be greatly appreciated. Sincerely, Matt T. Gibbs, P. E. District Engineer e?/?e cc: Mr. John Dorney, DWQ, DENR (seven copies) Mr. Owen Anderson, Mountain Region Coordinator, NCWRC Mr. Richard Phillips, PE, Regional Engineer, LQS, DENR Mr. R.G. Watson, P.E., Division Engineer, NCDOT Mr. Mark Davis, Division Environmental Officer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT Impacts to Waters of the United States In order to construct the project in accordance with our current secondary road standards, it will be necessary to impact waters of the United States in the Savannah River Basin. Specifically, NCDOT is requesting to extend/replace two metal culverts in an unnamed tributary to the East Fork Chattooga River (DWQ Class C Tr.). Listed below is a summary of the proposed impacts. These pipe culvert extensions/replacements are in addition to previously applied for permits. dated 10/03/02 Site No. Existing Proposed Net Impacts Station Condition Condition Site # 1 35'x 60" CMP (2) 35'x 60"x 49" 35' 0+95 Aluminum Culverts w/ Headwalls Site # 2 42' x 18" CMP 52'x 18" CMP 10' extension 16+90 Site # 3 30'x 30" CMP Span Bridge 10' 20+07 Site # 4 40' x 18" CMP 55' x 24" CMP 15' 24+32 Site # 5 38' x 18" CMP 45'x 18" CMP 7' Site # 6 30' x 30" CMP 30' x 57" x 38" 10' 64+41 CMP e CMP Span Bridge 0 -------..__.- . - 86+84 Site # 8 35' x 18" CMP 55' x 24" CMP 20' 109+18 107 linear feet total Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. By copy of this letter, I am asking Mr. Owen Anderson, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water Act from the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ). In addition, I am asking Mr. Anderson and Mr. Ed Ingle, (NCDOT) to comment directly to me concerning this permit request. Office Use Only: Form Version ?April 2001 USACE Action ID No. DWQ No. O A//si1/ If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit R Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 14 3? 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: E] II. Applicant Information 1. Owner/Applicant Information Name: NC DOT - DISTRICT ENGINEER: M. T. Gibbs, P. E. Mailing Address: P. O. Drawer 250, Bryson City, NC 28713 Telephone Number: 1-828-488-2131 Fax Number: 1-828-488-3518 E-mail Address: mgibbs(a,dot.state. nc.us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: N/A Company Affiliation: N/A Mailing Address: N/A Telephone Number: N/A E-mail Address: N/A Fax Number: N/A Page 3 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Widening of SR 1100, (Bull Pen Road) in Jackson County. (Revision #2) 2. T.I.P. Project Number (NCDOT Only): 6.962078T 3. Property Identification Number (Tax PIN): 4. Location County: Jackson Nearest Town: Cashiers Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Asheville take I-40 West and exit off at exit 27 onto US 19-74. Go approx. 19.0 miles and take exit 85, Sylva/Cashiers Exit, onto US 23 (Bus.). Go approx. 1.6 miles through one red light and take left at the second red light onto NC 107. Go approx. 26.0 miles to Cashiers. Continuing on NC 107 for approx 7.0 miles take a right onto SR 1100 (Bull Pen Rd.). This is the project. Site coordinates, if available (UTM or Lat./Long): 35D 01' 52.68"N 83D 03' 48.29"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Farmland and Forestland lists the 7. Property size (acres): 13.03 8. Nearest body of water (stream/river/sound/ocean/lake): East Fork Chattooga River (DEM CLASS C Tr.). 9. River Basin: Savannah Page 4 of 13 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Describe the purpose of the proposed work: To widen and pave SR 1100 to meet current NCDOT standards. This includes cutting and filling earthwork where needed, replacing old drainage structures that are inadequate, and making the road safer by widening shoulders and changing the road profile. 10. List the type of equipment to be used to construct the project: Track Hoes, Back Hoes, Dump Trucks, Bulldozers, Manual Labor, etc. 11. Describe the land use in the vicinity of this project: Rural woodland, some Residential IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No prior permits have been applied for this project. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: Yes. Should Right of Way be obtained, additional permits may be required to construct the rest of the project. Only a portion of the project is being constructed at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be Page 5of13 included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** N/A N/A N/A N/A N/A N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://w%vw.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0 Total area of wetland impact proposed: 0 2. Stream Impacts, including all intermittent and perennial streams ?-7 Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on map) (linear feet) Before Impact (please specify) I Culvert Replacement 35' East Fork Chattooga 5' Perennial Timestwo River 2 Culvert Replacement 10, Unnamed Trib. to East Fork Chattooga River I Intermittent 3 Culvert Replacement 10, Unnamed Trib. to East 3' Perennial w/ Span Bridge Fork Chattooga River 4 Culvert Replacement 15' Unnamed Trib. to East Fork Chattooga River 5' Intermittent 5 Culvert Replacement T Unnamed Trib. to East I> Intermittent Fork Chattooga River 6 Culvert Replacement 10' Unnamed Trib. to Nicholson Licklog Creek 2.5' Perennial 7 Culvert Replacement 01 Unnamed Trib. to 4' Perennial w/ Span Bridge Nicholson Licklog Creek 8 Culvert Replacement 20' Unnamed Trib to Nicholson Licklog Creek I Perennial Page 6 of 13 List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site 107' Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A N/A N/A N/A N/A List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredgmg, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands 0 stream EJ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Imoacts cannot be avoided. Culverts must be extended in order to gain the necessary width to construct SR 1100 to current NCDOT standards. All pipe replacements will be placed below the existing stream bed gradient so natural substrate can be re-established. Page 7 of 13 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial stream. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A Page 8 of 13 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres):_ Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes E] No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes E] No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. N/A Page 9 of 13 Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone I extends out 3U teet perpenaicuiar trom near nanK or cnannei; c.une I cMcnus a,i additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. N/A XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The existine compacted Gravel roadway acts as an impervious surface. Paving of the roadway should eliminate sedimentation from fines associated with gravel surface treatment. The roadway surface will be approximately 40% of the right-of-way area. Stormwater will be diverted through settling basins or grass lined buffers prior to entering streams. ( See erosion control plan). XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No wastewater will be generated from the project. Page 10 of 13 XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes E] No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). 2 ?? 3 Ap icant/Agent's Signature ate (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union US Army Corps of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Page 1 I of 13 <J vK.,avr SIZE # 3 STA. 20 +o7 Hmi Sim 3. 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Director Division of Water Quality O ? February 20, 2003 Jackson County DWQ Project No. 021919 SR 1100 (Bull Pen Road) APPROVAL of 401 Water Quality Certification with Additional Conditions: Modification Mr. M.T. Gibbs, P.E., District Engineer NCDOT Division 14 P.O. Drawer 250 Bryson City, NC 28713 Dear Mr. Gibbs: You have our approval, in accordance with the attached conditions and those listed below, to impact 87 linear feet of East Fork Chattooga River, four of its unnamed tributaries and three unnamed tributaries to Nicholson Licklog Creek. NCDWQ understands that these impacts are necessary in order to improve SR 1100 (Bull Pen Road) in Jackson County. The project should be constructed in accordance with your application dated January 21, 2003 (received January 31, 2003). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3375 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This Certification replaces the previous Certification issued on December 19, 2002. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us, in writing, and send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre or stream impacts exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. NCDOT shall abide by any conditions or moratoriums as determined by the NC Wildlife Resources Commission. 2. NCDOT shall implement Best Management Practices for the Protection of Surface Waters (NCDOT March 1997). 3. Storm water shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff, and must not be routed directly into streams. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm water sheet flow. 4. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 5. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 6. The pipes required for this project shall be installed in such a manner that the original stream profiles are not altered (i.e. the depth of the channel must not be reduced by a widenine of the streambed). North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/ Existing stream dimensions (including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be designed and installed to allow for fish and other wildlife movement as well as prevent headcutting of the streams. If any of the existing pipes are perched, they shall be removed and replaced, and re-installed correctly. 7. NCDOT must submit a plan for written DWQ approval to address any headcutting that will occur as a result of this project (e.g., use of structures upstream and downstream of the culverts). 8. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If rip-rap is necessary, it must be limited to the stream bank above the high water mark. Rip rap shall not be placed in the stream bottom. 9. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 10. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. NCDOT is strongly advised to send in photographs upstream and downstream of each culvert to document correct installation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ms. Beth Barnes at 919.715.8394 or Mr. Mike Parker of the Asheville Regional Office at 828.251.6208. Attachment F ' Pc: Wilmington District Corps of Engineers John Hendrix, USACE Asheville Field Office NCDWQ Asheville Regional Office Central Files File Copy aw RNto? STATE OF NORTH CAROLINA C? X1919' MoD. 4111 DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR January 21, 2003 Mr. John Hendrix, NCDOT Regulatory Project Manager U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Nationwide 14 Permit Application SR 1100 - Bull Pen Rd. (Revision #2) Jackson County Dear Mr. Hendrix: LYNDO TIPPETT SECRETARY , ... , 0t, ?, A 1 g GItOU? WE?I n g1.1N g?CIVA The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and pave SR 1100, Bull Pen Rd., in Jackson County. This proposal entails widening and paving the existing gravel road to a standard; l8-foot roadway. The proposed improvements of SR 1100 have been identified as necessary maintenance and safety improvements. Funds have been allocated for this project, and NCDOT would like to perform these activities sometime during the 2003-paving season. I am sending a straight-line diagram with the proposed erosion control and construction limits along this project. In addition, I am sending a typical section of the road, cross sections, drawings for pipe culvert replacements/extensions as well as a marked county map and USGS quad map. We propose to install the new culverts slightly below the existing streambed elevations where bedrock is not encountered to minimize impacts to aquatic habitats and allow the existing stream gradients to remain as unchanged as physically possible. No threatened or endangered species are known to be present in or near the project area; therefore, no significant impacts are anticipated from project construction. The best management practices will be used to minimize and control sedimentation and erosion on this project. The construction foreman will review all erosion control measures daily to ensure sedimentation and erosion is being effectively controlled. If the planned devices are not functioning as intended, they will be immediately replaced with better devices. The rock silt screens and other erosion control devices will be in place prior to pipe culvert construction and will remain in place until the project is stabilized. Impacts to Waters of the United States __-i> ----P? In order to construct the project in accordance with our current secondary road standards, it will be necessary to impact waters of the United States in the Savannah River Basin. Specifically, NCDOT is requesting to extend/replace two metal culverts in an unnamed tributary to the East Fork Chattooga River (DWQ Class C Tr.). Listed below is a summary of the proposed impacts. These pipe culvert extensions/replacements are in addition to previously applied for permits. dated 10/03/02 Site No. Existing Proposed Net Impacts Station Condition Condition Site # 1 35'x 60" CMP (2) 35'x 60"x 49" 35' 0+95 Aluminum Culverts w/ Headwalls Site # 2 42' x 18" CMP 52'x 18" CMP 10' extension 16+90 Site # 3 30' x 30" CMP Span Bridge 0' 20+07 Site # 4 40'x 18" CMP 55' x 24" CMP 15' 24+32 Site # 5 38'x 18" CMP 45'x 18" CMP 7' 26+32 Site #6 30'x30"CMP 30'x57"x38" 0' 64+41 CMP Sire # 7 33' x 30" CMP Span Bridge 0' 86+84 Site # 8 35' x 18" CMP 55' x 24" CMP 20' 109+18 87 linear feet total Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. By copy of this letter, I am asking Mr. Owen Anderson, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water Act from the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ). In addition, I am asking Mr. Anderson and Mr. Ed Ingle, (NCDOT) to comment directly to me concerning this permit request. If you have any questions or need additional information, please contact me at (828) 488-2131. Your early review and consideration will be greatly appreciated. Sincerely, Mark T. Gibbs, P. E. District Engineer cc: Mr. John Dorney, DWQ, DENR (seven copies) Mr. Owen Anderson, Mountain Region Coordinator, NCWRC Mr. Richard Phillips, PE, Regional Engineer, LQS, DENR Mr. R.G. Watson, P.E., Division Engineer, NCDOT Mr. Mark Davis, Division Environmental Officer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. d ;417/7 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: NC DOT - DISTRICT ENGINEER: M. T. Gibbs P. E. Mailing Address: P O Drawer 250, Bryon City NC 28713 Telephone Number: 1-828-488-2131 Fax Number: 1-828-488-3518 E-mail Address: mgibbs dot state nc us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: N/A Company Affiliation: N/A Mailing Address: N/A Telephone Number: N/A E-mail Address: N/A Fax Number: N/A Page 3 of 13 _ .. ?°? III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1 . Name of project: Widening of S R I 100 (Bull Pen Road) in Jackson County. (Revision #2)- 2. T.I.P. Project Number (NCDOT Only): 6.962078T 3. Property Identification Number (Tax PIN): 4. Location County: Jackson Nearest Town: Cashiers Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Asheville take I-40 West and exit off at exit 27 onto US 19-74 Go approx 19.0 miles and take exit 85, Sylva/Cashiers Exit onto US 23 (Bus) Go approx 1.6 miles through one red light and take left at the second red light onto NC 107 Go approx 26.0 miles to Cashiers. Continuing on NC 107 for approx 7.0 miles take a right onto SR 1100 (Bull Pen Rd.). This is the project. 5. Site coordinates, if available (UTM or Lat./Long): 35D 01' 52.68"N 83D 03' 48.29"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Farmland and Forestland 7. Property size (acres): 8. Nearest body of water (stream/river/sound/ocean/lake): East Fork Chattooga River (DEM CLASS C Tr.). 9. River Basin: Savannah Page 4 of 13 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o enr state nc us/admin/maps/.) Describe the purpose of the proposed work: To widen and pave SR 1100 to meet current NCDOT standards This includes cutting and filling earthwork where needed replacing old drainage structures that are inadequate and making the road safer by widening shoulders and changing the road profile. 10. List the type of equipment to be used to construct the project: Track Hoes Back Hoes Dump Trucks Bulldozers Manual Labor, etc. 11. Describe the land use in the vicinity of this project: Rural woodland some Residential IV. Prior Project History if jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No prior permits have been applied for this project. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: Yes Should Right of Way be obtained additional permits mayberequired to construct the rest of the project Only a portion of the project is being constructed at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be Page 5 of 13 included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** N/A N/A N/A N/A N/A N/A * List each impact separately and identify temporary impacts. Impacts include, out are not limned to: mecnaiuzcu c;Ir uing, Vauu16, Im. excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://w,%vw.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond. Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 0 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma linear feet Before Impact leasespecify) I Culvert Replacement 35' East Fork Chattooga 5' Perennial Times two River 2 Culvert Replacement 10, Unnamed Trib. to East I Intermittent Fork Chattooga River 3 Culvert Replacement 0 Unnamed Trib. to East 3 Perennial w/ Span Bridge Fork Chattooga River 4 Culvert Replacement 15' Unnamed Trib. to East Fork Chattooga River 5' Intermittent 5 Culvert Replacement 7' Unnamed Trib. to East Fork Chattooga River I Intermittent 6 Culvert Replacement 0' Unnamed Trib. to Nicholson Licklog Creek 2.5' Perennial Culvert Replacement , 0 Unnamed Trib. to 4' Perennial w/ Span Bridge Nicholson Licklog Creek 8 Culvert Replacement 20' Unnamed Trib to Nicholson Licklog Creek 1 Perennial Page 6 of 13 List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usas.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., wtivw.topozone.com www.mapgttest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. N/A N/A N/A N/A N/A • List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging. flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Page 7 of 13 Impacts cannot be avoided Culverts must be extended in order to gain the necessary width to construct SR 1100 to current NCDOT standards All pipe replacements will be placed below the existing; stream bed gradient so natural substrate can be re-established. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o enr state.nc.us/ncwetlands/strmy,ide.htmi. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Page 8 of 13 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index. ht in. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federaUstate/local) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide Page 9 of 13 justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information. Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone" Impact (square feet Multiplier Required Miti anon 1 3 2 1.5 Total "Lone I extends out 30 feet perpendicular from near bank of cbannei; Lone z extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Eagement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The existing compacted gravel roadway acts as an impervious surface. Paving of the roadway should eliminate sedimentation from fines associated with gravel surface treatment. The roadway surface will be approximately 40% of the right-of-way area Stormwater will be diverted throug settling basins or grass lined buffers prior to entering streams. ( See erosion control plan). XII. Sewage Disposal (DWQ Only) Page 10 of 13 Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No wastewater will be generated from the project XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). c 11 Z?/o Appl cant/Agent's Signature DAte (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee tredell Mitchell Union US Army Corps of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Page I I of 13 Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertic Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Iloke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 25 1-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 h and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 [arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 LAMA and NC Coastal Counties State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-267 1 Division of Coastal Management Beaufort Chowan I lertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Ponder Raleigh, NC 27699-;634 Brunswick Currituck ?Ncw Hanovcr Pcrqui,?ans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington Page 12 of 13 NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kcrncrsvillc, NC 27284-9130 Avery C. 1. Oko^.,, Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20330 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (323) AfC2-25YV Grath a.. Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 13 of 13 J aK .Son C, . .15? LL 5K l l CvO SITE # / STA. DDS HWM SIB .3' EUSMG > PIPE. ; 35 -X 60'' Carp MW Pf d ?• P HFu.s_'X 15 "x ¢6"cq t I ??/?,OVC ?Gr,5 V4?1 I / Filv??, ? nom.., / Nrn.:/ ,rn?` Wei Lsands 5$-1 i / flen?/ :U9lL / / / itva a I rEn'( ? J 1 kl?tLAn?S ? J J ?? R<movt 11 r , - I - - - [ - -- - - - -- - - -- -- - s ---- --- -- ----- - I i l t . -- t4, 1z Co vz;t 18 ,tee. f jc; i' 1 i sAcrv , 95' ° I C 1W., I 95° ov>/eT c p NOTF'! Thl_-? 54reri -, I 1 0 AYE T,Q/P ?, /N 0 I I ?.. I I I I I , i J? ! ? I I --?-'-1--C-? t-1 I I j•-. - 111 ---1 --- -'- ' I -- ? 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Hoo W.0 . e:?. 96z?3 9 FROM 1/e Ao / //„?oo7o ADD IT ION IMPROVEMENT TO BE PAVED P. POLES TO BE MOVED T. POLES TO BE MOVED R./W WIDTH SCALE y-- 23 0 ?o 9 5 , 3 EROSION CONTROL DETAILS AND. SPECIFICATIONS 1 -std- Despria t? ion C.? ?./,JGi m bol J,jilllL 245.03 Temporary Silt Ditch 245.05 Temporary Diversion • 893.01 ............................. •----?.. Temporary Slit Fence 7O 890.05 Temporary-."Slope' Drain with Earth Berm 245.01 245 02 Silt Basin Type A ... ................................. ...? . Silt Basin Type B 892.04 .......................:................... Temporary Rock Silt Check Type-A 895.10 •......... ' Temporary Rock Silt Check Type-B 892.01 •.....• Temporary Rock Sediment Dam . Type-A ,. • 892.02 Temporary Rock ,Sediment Dam .Type-B ; ??? ???? 897.01 •, Rock Pipe Inlet Protection Type-A ... • 897.02 894 01 Rock Pipe Inlet Protection Type-B ,,,,,,•,.... u . Rock Slit Screen 245.04 .......................................... Stilling Basin K=q ?I _•„ Rock. 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L4'' GrA p 4-T eat %nG 18 Mp z2 0 zi i /OP-001 1()S400 5 I 1 f 20 s i 3O I !/D foo r l/U +ov E . o. P Michael F. Easley, Governor ? W AT F William G. Ross Jr., Secretary O 9 ? p North Carolina Department of Environment and Natural Resources O G 7 Alan W. Klimek, P.E. Director r Division of Water Quality December 19, 2002 Jackson County DWQ Project No. 021919 SR 1100 (Bull Pen Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. M.T. Gibbs, P.E., District Engineer NCDOT P.O. Drawer 250 Bryson City, NC 28713 Dear Mr. Gibbs: You have our approval, in accordance with the attached conditions and those listed below, to impact 114 linear feet of East Fork Chattooga River, three of its unnamed tributaries and three unnamed tributaries to Nicholson Licklog Creek. NCDWQ understands that these impacts are necessary in order to improve SR 1100 (Bull Pen Road) in Jackson County. The project should be constructed in accordance with your application dated December 13, 2002 (received December 19, 2002). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3375 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us, in writing, and send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre or stream impacts exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. NCDOT shall abide by any conditions or moratoriums as determined by the NC Wildlife Resources Commission. 2. NCDOT shall implement Best Management Practices for the Protection of Surface Waters (NCDOT March 1997). 3. Storm water shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff, and must not be routed directly into streams. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm water sheet flow. 4. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 5. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 6. The pipes required for this project shall be installed in such a manner that the original stream profiles are not altered (i.e. the death of the channel must not be reduced by a widening of the streambed . North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ Existing stream dimensions (including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be designed and installed to allow for fish and other wildlife movement as well as prevent headcutting of the streams. If any of the existing pipes are perched, they shall be removed and replaced, and re-installed correctly. 7. NCDOT must submit a plan for written DWQ approval to address any headcutting that will occur as a result of this project (e.g., use of structures upstream and downstream of the culverts). 8. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If rip-rap is necessary, it must be limited to the stream bank above the high water mark. Rip rap shall not be placed in the stream bottom. 9. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 10. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. NCDOT is strongly advised to send in photographs upstream and downstream of each culvert to document correct installation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.5715 or Mr. Mike Parker of the Asheville Regional Office at 828.251.6208. Attachment Pc: Wilmington District Corps of Engineers John Hendrix, USACE Asheville Field Office NCDWQ Asheville Regional Office Central Files File Copy yO M STAT(o 0 2 DEC 9 2002 FILE copy STATF of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GovI:RNOR December 13, 2002 SLCRFTARY Mr. John Hendrix, NCDOT Regulatory Project Manager U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 vil Asheville, NC 28801-2714 ' s` - I,1 I l L u?t v? Subject: Nationwide 14 Permit Application SR 1100 - Bull Pen Rd. (Revision) Jackson County State Project No. 6.962078T (DWQ Minor Permit Fee $200) Dear Mr. Hendrix: The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and pave SR 1100, Bull Pen Rd., in Jackson County. This proposal entails widening and paving the existing gravel road to a standard 18-foot roadway. The proposed improvements of SR 1100 have been identified as necessary maintenance and safety improvements. Funds have been allocated for this project, and NCDOT would like to perform these activities sometime during the 2002 paving season. I am sending a straight-line diagram with the proposed erosion control and construction limits along this project. In addition, I am sending a typical section of the road, cross sections, drawings for pipe culvert replacements/extensions as well as a marked county map and USGS quad map. We propose to install the new culverts slightly below the existing streambed elevations where bedrock is not encountered to minimize impacts to aquatic habitats and allow the existing stream gradients to remain as unchanged as physically possible. No threatened or endangered species are known to be present in or near the project area; therefore, no significant impacts are anticipated from project construction. The best management practices will be used to minimize and control sedimentation and erosion on this project. The construction foreman will review all erosion control measures daily to ensure sedimentation and erosion is being effectively controlled. If the planned devices are not functioning as intended, they will be immediately replaced with better devices. The rock silt screens and other erosion control devices will be in place prior to pipe culvert construction and will remain in place until the project is stabilized. P. 0. Box 250, Bryson City, N.C. 28713 Plione (828) 488-2131 Impacts to Waters of the United States In order to construct the project in accordance with our current secondary road standards, it will be necessary to impact waters of the United States in the Savannah River Basin. Specifically, NCDOT is requesting to extend/replace two metal culverts in an unnamed tributary to the East Fork Chattooga River (DWQ Class C Tr.). Listed below is a summary of the proposed impacts. These pipe culvert extensions/replacements are in addition to previously applied for permits. dated 10/03/02• Site No. Existing Proposed Net Impacts Station Condition Condition Site 1-A 42' x 18" CMP 52' x 18" CMP 10' extension 16+90 Site 3-A 38' x 18" CMP 42' x 18" CMP 4' extension 26+32 14 linear feet total Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. By copy of this letter, I am asking Mr. Owen Anderson, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water Act from the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ). In addition, I am asking Mr. Anderson and Mr. Ed Ingle, (NCDOT) to comment directly to me concerning this permit request. If you have any questions or need additional information, please contact me at (828) 488-2131. Your early review and consideration will be greatly appreciated. Sincerely, I<-aj --7- Mark T. Gibbs, P. E. District Engineer cc: Mr. John Dorney, DWQ, DENR (seven copies) Mr. Owen Anderson, Mountain Region Coordinator, NCWRC Mr. Richard Phillips, PE, Regional Engineer, LQS, DENR Mr. R.G. Watson, P.E., Division Engineer, NCDOT Mr. Mark Davis, Division Environmental Officer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT Office Use Only' Form Version April 2001 USACE Action ID No. DWQ Nofl If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Narne: NC DOT - DISTRICT ENGINEER: Mailing Address: P O. Drawer 250, Bryson City, NC 28713 Telephone Number: 1-828-488-2131 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: N/A Company Affiliation: N/A Mailing Address: N/A Telephone Number: N/A E-mail Address: N/A Fax Number: 1-828-488-3518 Fax Number: N/A Pay 3 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If fiill-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Widening of SR 1100, (Bull Pen Road) in Jackson County. (Revision) 2. T.I.P. Project Number (NCDOT Only): 6.962078T 3. Property Identification Number (Tax PIN): 4. Location County: Jackson Nearest Town: Cashiers Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Asheville take I-40 West and exit off at exit 27 onto US19-74 Go approx. 19.0 miles and take exit 85, Svlva/Cashiers Exit, onto US 23 (Bus) Go approx 1.6 miles through one red light and tale left at the second red light onto NC 107 Go approx 26.0 miles to Cashiers. Continuing on NC 107 for approx 7.0 miles take a right onto SR 1100 (Bull Pen Rd.). This is the project. 5. Site coordinates, if available (UTM or Lat./Long): 35D 01' 52.68"N 83D 03' 48.29"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: T`..-...1--A -A 'P-actianr] - 7. Property size (acres) II n. 8. Nearest body of water (stream/river/sound/ocean/lake): East Fork Chattooga River (DENT CLASS C Tr.). 9. River Basin: Savannah Page 4 of 13 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Describe the purpose of the proposed work: To widen and pave SR 1100 to meet current NCDOT standards This includes cutting and filling earthwork where needed, replacing old drainage strictures that are inadequate, and making the road safer by widening shoulders and changing the road profile. 10. List the type of equipment to be used to construct the project: Track Hoes, Back Hoes, Dump Trucks, Bulldozers, Manual Labor, etc. 11. Describe the land use in the vicinity of this project: Rural woodland, some Residential IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No prior permits have been applied for this project. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No additional permit requests are anticipated. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts. permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream Page 5 of 13 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number (indicate on map) N/A Type of Impact* N/A Area of Impact (acres) N/A Located within 100-year Floodplain** (yes/no) N/A Distance to Nearest Stream (linear feet) N/A Type of Wetland*** N/A t..a_ ..... U ;.oA t • . s rhnnivrrl rlrnrino oradinQ_ fill. * List each impact separately and identity temporary uupactN. unNa...3 -11, UU.., ,,,,. W.....,.-- excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEhIA Map Service Center at 1-800-358-9616, or online at http:/hvww.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g.. freshwater/salttcatcr marsh, forested wetland. beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing -wetlands on the property: 0 Total area of wetland impact proposed: 0 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on map) (linear feet) Before Impact (please specify) I Culvert Replacement 16' East Fork Chattooga River 3' Perennial 2 Culvert replacement 25' Unnamed Trib. to East Fork Chattooga River 3' Perennial 3 Culvert Replacement i S Unnamed Trib. to East Fork Chattooga River 0.5' Perennial 4 Culvert Replacement 10' Unnamed Trib. to Nicholson Licklog Creek 2.5' Perennial la' Unnamed Trib. to 4 Perennial $ Culvert Replacement Nicholson Licklo- Creek 20' Unnamed Trib. to 1 Perennial 6 culvert Replacement Nicholson Lickloc, Creek 10' Unnamed Trib. to East 1 Perennial 1 _p Culvert Replacement Fork Chattooga River 4' Unnamed Trib to East 1 Perennial 3 A Cultert Replacement Fork Chattooga River .nriat.v1 rin_rnn List each impact separately and identity temporary impacts. Impacts utctuue, Out aIc 11Ut 1nniu,u - __••-•-••-•-- -1 1 (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain). Page 6 of 13 stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., N ww.topozone.com. www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site 114' Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) N/A Type of Impact* N/A Area of Impact (acres) N/A Name of Waterbody (if applicable) N/A Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A r.v _...... ,.L.,l. l...r ....r 14. ,,5-4 tn• till Nvrnvnnnn dredmnC. List each impact separately and identity temporary unpacis. ,irrNa??a ur?ruu?, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impacts cannot be avoided Culverts must be extended in order to gain the necessary width to construct SR 1100 to current NCDOT standards. All pipe replacements will be placed below the existing stream bed gradient so natural substrate can be re-established. Page 7 of 13 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the ITC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact `and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include. but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing. or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.htni1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view. preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Phase attach a separate sheet if more space is needed. N/A Page 8 of 13 2. Mitigation may also be made by payment into the North Carolina Wetlands Kestorauon Program (NCWRP) with the NCWWs written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http:/ih2o.enr.state.nc.us/Nvrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres):_ Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)" Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5033 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and snap all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearl}. identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DNN*Q N/A Page 9 of 13 Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes R No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total 1 -a, Zone I extencls OUt SU leet Perpcuuiuuai uvui i...u. v ....................... _..,..- - -.------- - additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.. Donation. R Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information a identified within 15A NCAC 2B .0242 or .0260. At/A XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the sit:. Discuss stormwater controls proposed in order to protect surface waters and wetlan::s downstream from the property. The existing compacted gravel roadway acts as an impervious surface. Paving of the roadway should eliminate sedimentation from fines associated with gravel surface treatment. The roadway surface will be approximately 40% of the right-of-way area. Stormwater will be diverted through settling basins or grass lined buffers prior to entering streams. ( See erosion control P1 11). X11. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No wastewater will be generated from the project. Page 10 of 13 XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 21-1.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes [:] No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). 73 " -7 1 f;,- c` /z- /-?- oZ Applic nt/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union US Army Corps of Engineers Avery Clay Jackson Polk WatauLa 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin Page 1 1 of 13 Jackson Co. SR 1100 Bullpen (revision) l /• r? - r _ _ ?" ???J! I 1.J t r---• ??`•1 ?!? ? ' ??,•?`? rte- ? ?~?` -' -' t 1L ? ` ?\-t?:_?.- ? y /? t'-"?? 1•? 1\-''? V? f/??•r`st„r /,•,? * Y ?! .,!`\- J/r' f,.•,. _?? \` t Site # 3-A ?? nL tt,` , Site # 1-A ` ?_ • ??? ?'???,? ."?--•~...1 t `???- ` to `1 `? \- ? ?', ?y? -?1 ? + (`` ?? ? , ? j ?.,li I ?\ _ i' ? 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I 0 ROUND MTN. 1109 4 510 ELEV. z3e , 1102 c+= ? 1101 1100 00, • 0 •\ '? , /o ,?_ ? • ??- ,? G 4. \ 1 i 1? • O :[wxom ROCK cl) RAB t . %.? couNyy W A TF Michael F. Easley, Governor O 9 O? QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources \ Vj y Alan W. Klimek, P.E. Director > Division of Water Quality O `C DWQ Project No.: 9/ 9 County: `/ 2-1 Applicant: NCDOT Project Name S //OV e // o 2 Date of Issuance of 401 Water Quality Certification: 9 -O Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, Joel B. Setzer, P.E., hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, ppo materials. Signature: and i Date: ??? Q c, Agent's Certi ation 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date: Registration No. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/